If you’ve just been handed an Immediate Roadside Prohibition notice in British Columbia, you’re probably holding a piece of paper and wondering what it actually means for your life. Let’s break it down clearly.
What Is an Immediate Roadside Prohibition?
An Immediate Roadside Prohibition, commonly called an IRP, is a provincial driving prohibition issued by a police officer at the roadside. It’s not a criminal charge. It’s an administrative penalty administered by the Superintendent of Motor Vehicles under BC’s Motor Vehicle Act.
Despite not being criminal, the consequences of an IRP are serious. They happen immediately, they’re automatic, and they can affect your ability to drive, your insurance, and your wallet in significant ways.
What Triggers an IRP?
An IRP can be issued in two main situations. The first is a “Warn” or “Fail” reading on an Approved Screening Device (the handheld breathalyzer used at roadside). A Warn reading (60–99mg% blood alcohol content) results in a short-term IRP of 3, 7, or 30 days. A Fail reading (100mg% or higher) triggers a 90-day IRP. And refusing the test has the same consequences as failing.
What Are the Different IRP Lengths?
There are three tiers of IRP in BC, each with progressively more serious consequences.
A 3-day IRP is issued for a first “Warn” reading (60–99mg%). A 7-day IRP is issued for a second “Warn” reading within 5 years. A 30-day IRP is issued for a third “Warn” within 5 years. A 90-day IRP is issued for fling the test or refusal to comply with a breath demand.
Refusing can feel tricky. Even if you try to blow, if you do not successfully provide a sample you are treated as having refused.
What Happens Immediately After an IRP
The moment an IRP is issued, your driver’s licence is seized and the prohibition begins. If your vehicle is with you, it will typically be impounded for the same period as the prohibition, in the case of a Warn reading, and for 30 days in the case of a fail or refusal IRP. This is at your cost. You will receive paperwork that outlines the prohibition period and tells you what steps you need to take next.
For a 90-day IRP (the most serious tier), you’ll also be required to attend a responsible driver program and, depending on your driving record, you may have to install an Ignition Interlock device in your vehicle when the prohibition ends.
The Financial Hit
Can You Challenge an IRP?
Yes – and this is important. You have the right to request a review of your IRP with the Superintendent of Motor Vehicles within 7 days of it being issued.
Reviews are not easy to win, but they’re not impossible either. There are specific procedural requirements that officers must follow when issuing an IRP, and failing to meet them can be grounds for the prohibition being overturned. Speaking with a lawyer before the 7-day deadline is strongly recommended.
What To Do Right Now
If you’ve received an IRP, the most important thing is to act quickly. The 7-day review window closes fast. Even if you’re not sure whether a review would be successful, get legal advice before that window closes. An experienced DUI lawyer can assess the circumstances of your case and tell you whether there are grounds to challenge the prohibition.